Burglary 9 (1) (a) Flashcards
What is burglary defined under Section 9(1)(a) of the Theft Act 1968?
Burglary is the entry of a building or part of a building as a trespasser, with intent to steal, inflict grievous bodily harm or cause unlawful damage.
What constitutes the ACTUS REUS of burglary?
The ACTUS REUS is the entry of a building or part of a building as a trespasser.
What is required for an effective entry in burglary?
There must be an effective entry, established in Brown and Ryan.
What defines a building in the context of burglary?
A building requires permanence and can include just part of the building. It includes inhabited vehicles or vessels like caravans and houseboats.
What did the case of Seekings and Gould establish regarding buildings?
A storage unit with wheels was held not to be a building.
How did Stevens v Gourley define a building?
A building is described as ‘A structure of considerable size and intended to endure a considerable time.’
What is a trespasser?
A trespasser is someone who enters a building without permission,Collins
What is the statement in relation to complete entry and AR
The actual reus is complete on entry
What constitutes the MENS REA for burglary?
The MENS REA is intention or subjective recklessness as to entering as a trespasser, plus intention to steal, inflict GBH or cause unlawful damage at the point of entry.
What is the relevance of conditional intent in burglary?
Conditional intent is enough established in AGs Ref Nos 1 and 2 of 1979.
What can be concluded about D’s guilt in this scenario?
D will be guilty of burglary under S.9(1)(a).
